Public Service Commission of Wisconsin

DEPARTMENT OF MILITARY AFFAIRS STATE HUMAN RESOURCES PRACTICE AND PROCEDURE MANUAL

STATUS: (X) FINAL ( ) DRAFT BULLETIN NO.: 3.120 EFFECTIVE DATE: REVISED 05/04/06 PAGE: 1 OF 4

SUBJECT: Outside Employment

SECTION: Employee Services/Programs

I. PRACTICE

A. Statement of Policy and Purpose - General

The State Ethics Code (Ch. ER-MRS 24, Wis Admin Code) states that “no employee shall engage in any employment or maintain any investment if the employment or investment conflicts with the specific provisions of this chapter.” The ethical standards of ER-MRS 24 are intended to “avoid conflicts of interest between their personal interests and their public responsibilities…”. State agencies are required by ER-MRS 24 to “establish guidelines regarding outside employment of employees which shall include identifying those activities which are likely to cause a conflict of interest and requiring employees to obtain prior approval before accepting outside employment.”

It is the policy of the Department of Military Affairs (DMA) to permit employees to participate in outside activities for recreation, community service, continued education, management of personal properties and projects for supplemental income, and to work for others for remuneration. The DMA recognizes its employees’ rights to outside employment when such employment does not constitute a conflict of interest. Questionable activities must receive prior approval from the employee’s first and second line supervisor and from the Director of State Human Resources and shall be subject to certain restrictions and limitations in order to protect both employees and the agency from potential problems.

Acceptance of outside employment without advance approval or after being informed that such employment, in the Department’s judgment, constitutes a conflict of interest shall be cause for disciplinary action up to and including termination.

B. Statement of Policy and Purpose – Emergency Response Personnel The Department of Military Affairs (DMA) allows participation in first responder, PRACTICE AND PROCEDURE MANUAL BULLETIN NO.: 3.120 EFFECTIVE DATE: REVISED 05/04/06 PAGE: 2 of fire, rescue and other emergency response programs by employees as long as that participation does not jeopardize or compromise the DMA’s ability to respond to fires, crashes or mutual aid emergencies.

This policy does not prohibit DMA Fire/Crash/Rescue employees from participating as members of a fire department, ambulance, EMS or rescue squad, but does clarify when employees are in “work status” and are covered under DMA worker’s compensation insurance. The restrictions in paragraph IIB clearly limit DMA’s responsibilities regarding potential actions in matters of civil and criminal liability.

C. Definition Outside employment includes any work in which the employee enters into an employee-employer relationship with an employer other than the department or performs work for gain other than for the department on an independent basis. Employment would not include those activities performed for work or education credits or reduced fees for organizations, such as Boy or Girl Scouts, athletic organizations, bowling leagues, etc. Outside employment activities of the same professional or occupational nature as the employee’s work duties may create more of a potential for conflict of interest than activities which are unrelated to the employee’s professional or occupational field of employment. As such, employees are required to seek approval for this type of employment.

II. PROCEDURE

A. Requirements - General Outside employment may be approved if all the following conditions are met:

1. The employee is not acting as an official representative of the department or the State of Wisconsin.

2. The employee is not expected to present an official position of, or act as a spokesperson for, the department or the state.

3. State funds or materials (including travel advances or reimbursement) are not used and preparation is not done on state time.

4. The activity occurs while the employee is on approved vacation, personal or Saturday holiday, leave without pay, or during non-scheduled state work hours.

5. Neither the department nor state is obligated as a result of the activity. PRACTICE AND PROCEDURE MANUAL BULLETIN NO.: 3.120 EFFECTIVE DATE: REVISED 05/04/06 PAGE: 3 of B. Restrictions - Emergency Response Personnel

1. At no time will a Fire/Crash/Rescue employee respond in his/her capacity as a member of an outside fire department, ambulance, EMS or rescue squad while in state “work status” for DMA.

2. Any scheduling conflict will be resolved in favor of DMA unless otherwise authorized by a supervisor.

3. Any action or inaction taken by a DMA employee in his/her capacity as a member of an outside fire department, ambulance or rescue squad will be considered by DMA to be OUTSIDE their state “scope of employment.”

4. Employees may NOT USE ANY DMA vehicle, equipment or supplies while engaged in outside employment.

C. Implementation Issues - Emergency Response Personnel

Approved and executed Mutual Aid Agreements between DMA and municipal fire departments allow for the provision of mutual assistance to municipal fire departments, ambulance, EMS and rescue squads by DMA employees performing job duties required in their DMA position descriptions. Under these circumstances, the DMA employee is considered within the “scope of state employment” and is covered by DMA worker’s compensation unless specified otherwise in said Mutual Aid Agreement.

A DMA employee may be granted prior supervisory approval to switch during an incident and become a member of an emergency response organization. This prior supervisory approval to switch roles should be in the form of a written agreement which specifies the contact procedure between the employee and their supervisor or designee, i.e., dispatcher. The employee shall notify the fire chief or other person in charge of an incident when the switch to an emergency response is made.

D. Approval

Exempt Activities: Employees do not need to notify the Department of activities performed for which they receive no compensation (e.g., serving on a church board or acting as an officer in a professional organization). In addition, payment of expenses while performing activities on a volunteer basis (e.g., payment of travel expenses while performing charitable work) is exempt from application of this policy. PRACTICE AND PROCEDURE MANUAL BULLETIN NO.: 3.120 EFFECTIVE DATE: REVISED 05/04/06 PAGE: 4 of Nonexempt Activities: Employees should notify their supervisor and/or State Human Resources and seek advice before assuming any executive or policy making position, whether or not for compensation, in any organization, board, council, committee or association that employs a lobbyist, lobbies, or has interests that may affect the interests of the Department. Employees should realize that such positions or the activities of these organizations could place an employee in a situation perceived to be in conflict with the Department.

1. Prior to accepting outside employment of the kind having the potential for causing a conflict of interest, or involving emergency response outside employment, employees must submit a Request for Approval of Outside Employment form to their supervisor.

2. The supervisor shall make a determination as to whether or not a potential conflict of interest exists, secure 2nd line supervisor approval, and forward the recommendation to the Director of State Human Resources for approval. Every effort will be made to return a decision to the employee within 15 calendar days.

Some fire departments, ambulance or rescue squads compensate members for responses. Compensation may be in the form of cash or other benefits, such as clothing or equipment that becomes personal property of the employee. Employees engaging in such activities for compensation must submit a Request for Approval of Outside Employment (DMA Form 23) for DMA approval in accordance with Practice and Procedure Bulletin 3.120 (Outside Employment).

Attachment Attachment DEPARTMENT OF MILITARY AFFAIRS REQUEST FOR APPROVAL OF OUTSIDE EMPLOYMENT

GUIDELINES for Outside Employment or Engaging in Business Activities by Employees of the Department of Military Affairs Employees of the department may accept outside employment or engage in business so long as it does not interfere with their duties or present a perceived or actual conflict of interest. Written approval by the Director of State Human Resources, after endorsement by the immediate supervisor, of any outside employment or self-employment is required to prevent possible conflict of interest. Acceptance of outside employment that constitutes a conflict of interest shall be cause for disciplinary action up to and including termination. Employees of the department will not be permitted to hold employment with or serve in any capacity in any business with which the department may contract or fund services and/or purchase materials related to the department’s mission or goals.

Employee Name Work Unit Type of Request New Renewal

Pursuant to Department Practice & Procedure Bulletin 3.120, Employee Work Rules, Code of Ethics, and Outside Employment, I hereby notify the department of my intent to engage in the following outside employment or business activities.

Hours of Work and Anticipated Employer/Business Name Address Anticipated Schedule Employment Type

Outside Employer Own Business (includes freelancing)

1. Briefly describe the duties of this position (or attach a detailed description).

2. Does the above employer/business provide services and/or materials to the Department of Military Affairs and/or Wisconsin Emergency Management? No Yes Explain

3. Does the above employer/business provide services or materials to armories, military bases, or other entities supported in whole or in part by funds administered by the Department of Military Affairs, Wisconsin or Federal Emergency Management agencies, or the National Guard Bureau? No Yes Explain

4. Does the Department of Military Affairs and/or Wisconsin Emergency Management provide services and/or materials to the above employer/business? No Yes Explain

I have read the guidelines for outside employment or engaging Employee Signature Date in business activities printed above. I attest that the information provided within is true and that this request conforms with the provisions noted herein. Immediate Supervisor Action Signature Date Approval Disapproval, Explain on reverse 2nd Line Supervisor Action Signature Date Approval Disapproval, Explain on reverse Director of State Human Resources Action Signature Date Approval Disapproval, Explain on reverse

Note: Any substantive change in duties as a state employee or duties described herein will require submission of a new request within 30 days of change. DISTRIBUTION: Original - SHR Copies - Employee - Supervisor DMA FORM 23-E, MAY 2006 PREVIOUS EDITIONS OBSOLETE